RICHARD YUBETA vs. WEATHERBY FURNITURE, HARTFORD INSURANCE COMPANY, CALIFORNIA INSURANCE COMPANY, APPLIED RISK SERVICES, AMERICAN ALTERNATIVE INSURANCE CORPORATION, PROCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior decision, and returned the case to the trial level. The Board found the WCJ's determination of a new, unpled cumulative injury and its associated date of injury questionable. Specifically, the medical evidence, particularly from Dr. Schaffzin, leans towards a single cumulative injury rather than two separate ones. If a second cumulative injury is found on remand, the WCJ must re-evaluate the Labor Code section 5412 date of injury and the LC 5500.5 liability period based on actual disability and knowledge of the injury.